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Loan Mis-Selling HELP ADVICE NEEDED

Approximatley 3 1/2 years ago my partner took out a plumbing course, someone came to the house and my partner left the conversation thinking he was paying for the course my monthly installments. Then our circumstances changed and we cancelled the course, by email twice and spoke to someone, cancelled the standing order and never heard anything since.
Now after all this time later it has come to light he signed a fixed rate loan agreement and owes approx £4k.
Now I know he signed the loan agreement and they can prove this but he didn't know what he was signing and left the conversation that he had in our house with the sales person with a completely different impression of what he had signed up for.
How do I or what is the best way to go about trying to prove his was Mis-sold ??? As it will be very much he said / she said !
Any help or advice would be greatly appreciated - Thank you for reading !

Comments

  • ViolaLass
    ViolaLass Posts: 5,764 Forumite
    Does he have a copy of what he signed? Did he read it before signing?
  • We don't but they do, and they are saying he signed it, Which part of me accepts he signed but but he didn't totally understand what he signed, and it wasnt not fully explained to him, he thought it was not a loan and he was paying by monthly installments, he has never taken out a loan and wouldn't have as ironically he had the money to pay for the course out right if he had wanted to.
    So I'm struggling how I prove he was Mis sold as he it his word against the signed loan agreement ??????
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I think the honest answer is that you can't.

    Request a copy of the loan agreement, but I would be surprised if it wasn't fairly clear what he was signing.
  • Gaz83
    Gaz83 Posts: 4,047 Forumite
    1,000 Posts Combo Breaker
    Did you receive any funds? Or did the plumbing course provider receive any funds?
    "Facism arrives as your friend. It will restore your honour, make you feel proud, protect your house, give you a job, clean up the neighbourhood, remind you of how great you once were, clear out the venal and the corrupt, remove anything you feel is unlike you... [it] doesn't walk in saying, "our programme means militias, mass imprisonments, transportations, war and persecution."
  • BillJones
    BillJones Posts: 2,187 Forumite
    When you "cancelled", did you get written confirmation of the cancellation?

    These curses generally seem to be funded with a loan, which is paid to the course provider upfront, and which you then pay back monthly. If the course provider does not return the balance (which they rarely do), then you are indeed still liable for the payments.

    I'd start by going back and checking what you got back when you cancelled, and then contact the course provider, and ask how they deal with this situation. They may be willing to give you a refund, or perhaps to let your partner pick up where they left off.
  • PeacefulWaters
    PeacefulWaters Posts: 8,495 Forumite
    edited 14 June 2014 at 8:31AM
    he didn't know what he was signing
    Why on earth did he sign it then?
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    BillJones wrote: »
    When you "cancelled", did you get written confirmation of the cancellation?

    These curses generally seem to be funded with a loan, which is paid to the course provider upfront, and which you then pay back monthly. If the course provider does not return the balance (which they rarely do), then you are indeed still liable for the payments.

    I'd start by going back and checking what you got back when you cancelled, and then contact the course provider, and ask how they deal with this situation. They may be willing to give you a refund, or perhaps to let your partner pick up where they left off.


    It is very, very unlikely. There will no doubt be a clause in the agreement that even if you cancel or just not bother turning up for the course, you still have to pay the loan.


    Not a case of miss selling, I'm afraid, more a case of miss buying.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • BillJones
    BillJones Posts: 2,187 Forumite
    Yes, I agree that it's unlikely, but it's worth asking.

    People need to understand that you can't normally unilaterally cancel a contract and walk away. Unless there are specific break-clauses in place, or legal protections, a deal needs to be renegotiated by mutual consent, not by one side.

    Had the company decided to simply stop the course and keep the money, the OP would have been up in arms. It is probably no more allowed that they cancel than that the provider could.
  • dealer_wins
    dealer_wins Posts: 7,334 Forumite
    Chalk it up to an (expensive) lesson. Make sure you 100% understand anything before signing, especially legal contracts.
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